Ex-CNN anchor Don Lemon’s lawsuit against tech billionaire Elon Musk and his social network X over the cancellation of their partnership can proceed to trial, a San Francisco judge ruled this week.

Musk’s team had tried to get the case moved to a Texas court and tried to convince the judge to strike the complaint altogether.

Attorneys for Musk and X didn’t respond to a request for comment.

In an order Tuesday, Judge Harold Kahn said Lemon and his attorneys plausibly alleged, among other claims, that X and Musk had committed “fraud by false promise” and that there was “an implied contract” between them.

Lemon filed the suit in August 2024 after X canceled a partnership with the broadcast journalist a few hours after he taped a tense interview with Musk, who owns X. The interview preceded a planned premiere of Lemon’s new show on Musk’s social network.